Tax Guide for Small Businesses 20 20 /2
Transfer duty (the Transfer Duty Act 40 of 1949)
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LAPD-Gen-G09-Tax-Guide-for-Small-Businesses
3.11 Transfer duty (the Transfer Duty Act 40 of 1949)
3.11.1 Introduction Transfer duty is payable on transactions constituting “property” as defined in section 1(1) of the Transfer Duty Act subject to certain exemptions and exceptions. Transfer duty is levied on – • the value of the property acquired by any person under a transaction or in any other manner; and • the value by which the property is enhanced by the renunciation of an interest in or restriction upon the use or disposal of that property. The most common forms of property transactions on which transfer duty is levied includes – • physical property such as land and any fixtures thereon, including sectional title units; • real rights in land including limited real rights such as a usufruct, usus, habitatio and fideicommissum, but excluding rights under mortgage bonds or leases (other than the leases mentioned below); and • rights to minerals or rights to mine for minerals (including any sub-lease of such a right). (Transfers of these types of property must be recorded in a Deeds Registry.) The definition of “property” also specifically includes – • certain shares, contingent rights and other interests in entities such as companies, CCs and discretionary trusts that own residential property; • fractional ownership timeshare schemes; and • shares in a share block company. (Transfers of these specific rights and interests in property are not recorded in a Deeds Registry.) Regardless of the type of property and whether the transfer of the property must be recorded in a Deeds Registry or not, the transfer duty payable is based on the higher of the following values: • The amount of the consideration payable • The declared value • The fair value of the property In a transaction between persons transacting at arm’s length, the fair value is generally equal to the consideration paid or payable for the property. If property is acquired for no consideration, or if the consideration is not market related, transfer duty is paid on the consideration, or the fair value, or the declared value of the property – whichever is the higher amount. Tax Guide for Small Businesses (2020/2021) 73 Transfer duty must be paid within six months of the date of acquisition of the property. The date of acquisition will depend on the type of transaction. The most common date of acquisition for a normal sale of property is the date of the last signature to the agreement. If the tax has not been paid within the prescribed period, interest is payable at the rate of 10% a year, 102 calculated for each completed month during which the transfer duty remains unpaid. 103 The general rule is that transfer duty is payable on the acquisition of all forms of property unless – • the transaction is subject to VAT and qualifies for exemption under section 9(15) of the Transfer Duty Act; • the transaction is exempt under any other specific exemption provided under section 9 of the Transfer Duty Act; • the transaction is exempt from transfer duty under any other Act of Parliament; or • the consideration or the fair value of the property is R900 000 or less (see the rates in Download 0.78 Mb. Do'stlaringiz bilan baham: |
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